Bombay High CourtCRMA/124/2018allowed

Tarzan Parsekar, Pres. In Judicial Custody At Central Jail Colvale, Thr. Amir A. Shirodkar And ANR. v. State Thr. P.P.,

2018-04-16Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 124 OF 2018 IN CRIMINAL APPEAL NO. 40 OF 2018 TARZAN PARSEKAR, PRES. IN JUDICIAL CUSTODY AT CENTRAL JAIL COLVALE, THR. AMIR A. SHIRODKAR AND ANR., ... Applicants

Versus

STATE THR. P.P., ... Respondent Shri Arun De Sa, Advocate for the Applicants. Shri S.R. Rivankar, Public Prosecutor for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 16th April 2018 P.C.

This is an application for suspension of sentence.

2. The applicants have been convicted for the offence punishable under Sections 307, 427 and 504 of the Indian Penal Code.

For the offence punishable under Section 307 of IPC, the applicants have been sentenced to suffer imprisonment for five years and to pay a fine of Rs.15,000/- each and in default to undergo imprisonment for a period of three months. For the offence punishable under Section 427 of IPC, the applicants have been sentenced to suffer imprisonment for a period of three months and in default to pay a fine of Rs.5,000/-

CRMA/124/2018 each and in default to suffer imprisonment for a period of fifteen days.

Lastly, for the offence punishable under Section 504 of IPC, the applicants have been sentenced to suffer imprisonment for a period of one month.

3. I have heard Shri De Sa, the learned Counsel for the applicants and Shri Rivankar, the learned Public Prosecutor for the respondent. The applicants were all along on bail, during the course of the trial. The criminal appeal is admitted.

4. In such circumstances, the following order is passed: (i) The substantive sentence of imprisonment, awarded to the applicants, is suspended, subject to condition of the applicants furnishing P.R. Bond in the sum of Rs.25,000/- each, with one solvent surety in the like amount each and further on condition of deposit of the fine.

(ii) Bail Bonds to be furnished and the fine to be deposited, before the learned Additional Sessions Judge.

5. The application is disposed of.

C. V. BHADANG, J.